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WILDLIFE MANAGEMENT AND MUIRBURN (SCOTLAND) ACT 2024

The Wildlife Management and Muirburn (Scotland) Act 2024 (the “Act”) received Royal Assent on 30 April 2024. The Act changes the rules around how people can capture and kill certain wild birds and animals and the rules around the making of muirburn. The Act implements many of the recommendations of the independent review of grouse moor management known as the “Werrity Report”.

Wildlife management

The key points of the Act in respect of wildlife management are:

  • A ban on glue traps. There is a limited exception allowing glue traps to be used by authorised persons if necessary to protect public health where no other method of rodent control is available.
  • A ban on snares other than hand-operated snares for the purpose of taking any animal other than a wild bird.
  • A new wildlife trap licensing regime covering the use of certain traps for the taking or killing of wild birds or animals. This would be in addition to the existing statutory licensing regime for certain types of traps. Traps used for rats, mice and moles would not require a wildlife trap licence.
  • Licences would be for up to ten years and be issued by NatureScot. An application must include evidence that the person using the wildlife trap has completed an approved training course.
  • The person’s wildlife trap licence number will need to be shown on the trap and the trap must be monitored. It will be an offence to use or possess a trap on any land without authorisation from the owner or occupier of the land.
  • Disarming, destroying or tampering with an authorised trap so that it no longer complies with the requirements of the Act will be an offence. There is a limited “reasonable excuse” exception, an example of which (according to the explanatory notes accompanying the Act) would be where a person comes across an injured animal and tampers, disarms or destroys a trap in order to free the injured animal. The Act also increases penalties for using unauthorised spring traps in line with other serious animal welfare offences.
  • Note: The new wildlife trap licensing regime is not yet in force. NatureScot are aiming to introduce it early in 2025.
  • As of 22 July 2024, it is now an offence to kill, injure or take red grouse (there is provision for other birds to be added) outside the close season unless the owner or occupier of the land holds a “Section 16AA Licence”. There is a limited exception where the bird was killed, injured or taken through the use of a bird of prey by an authorised person provided that, if the bird had to be killed as the result of injury, all reasonable steps are taken to cause minimum suffering.

Section 16AA Licences would be for up to five years and are issued by NatureScot. NatureScot has issued a step by step guide for applying for a Section 16AA Licence which is available here. Applicants must agree to comply with the Code of Practice for Grouse Moor Management (also known as the “Grouse Code”) which provides guidance on matters such as land management, predator control and how the taking or killing of wild birds should be carried out.

It is an offence to permit someone to use a glue trap, snare or wildlife trap or to kill, injure or take red grouse in contravention of the Act. Offences are punishable by imprisonment and/or a fine. A landowner whose land is to be used for wildlife management must therefore ensure that the activity for which their land is to be used (and the way it is carried out) is in accordance with the Act.

Muirburn licensing

Muirburn is the controlled burning of moorland vegetation and, for the purposes of the Act, includes the setting of fire to, or the burning of, any heath or muir. The Act introduces a muirburn licensing regime, making it an offence to carry out muirburn other than in accordance with a muirburn licence.

In summary:

  • An application for a muirburn licence must include evidence that the person who will make the muirburn has completed an approved training course. The purpose of the intended muirburn based on a statutory list must also be provided.
  • A muirburn licence only allows muirburn during the muirburn season, which is from 15 September in any year to 31 March in the following year.
  • Muirburn licence holders are required to have regard to the “muirburn code” which will set out how to make muirburn safely and appropriately.

The muirburn code will be prepared by the Scottish Ministers in consultation with Scottish Natural Heritage and other parties who the Scottish Ministers consider likely to be interested in or affected by the making of muirburn (including those involved in the management of land on which muirburn may be made).

  • At least seven days before muirburn is made, notice must be given to the owner of the muirburn site (if different from the person making the muirburn) and any occupier of land within one kilometre of the proposed muirburn site.

It will be an offence to permit someone to make muirburn other than in accordance with the Act. Offences are punishable by imprisonment and/or a fine. A landowner whose land is to be used for muirburn must therefore ensure that the activity for which their land is to be used (and the way it is carried out) is in accordance with the Act.

Note: The new muirburn licensing regime is not yet in force. NatureScot are working on the basis of having the new licensing regime and muirburn code available ahead of the 2025 muirburn season.